How to Fix the Supreme Court Justice Confirmation Process

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5 Responses

  1. Ken says:

    In re: your two points–term limits and difficulty of amendment–I agree; now what do we do?

  2. I don’t think it’s virtually impossible to amend the constitution. Rather, it doesn’t get amended because the Supreme court is almost always willing to give Congress whatever ‘amendments’ it wants, without the risk of submitting them to the states, which might reject them. Because of this, Congress has stopped using the formal amendment process. They get what they want without it.

    But should the Court ever deny Congress anything which was genuinely popular, we’d see quickly enough that the amendment process still works.

    There is a sense in which it’s broken, though: The interests of Congress have diverged enough from that of the general public that there are a number of amendments which would be ratified in a heartbeat, but which Congress would never willingly originate.

    Perhaps we need a constitutional convention, after all, to take the role of originating amendments away from Congress. Let the states originate them, too. We’d see a new era of constitutional change, with the Congressional blockage removed.

  3. Daniel Solove says:


    Thanks for your response to my post. I have posted a new post as a reply.